What About Legal Drafting Formats?

Legal drafting formats represent the formal written document. The legal document follows a well-defined structure. The purpose of these documents is to represent the side of the party in the court of law or the legal stand of the person whom the lawyer is representing in the court of law.

The legal drafting format is unique for every piece of document. The drafting can be defined as the synthesis of the law in the language. The significance of the drafting can be known from the very fact that for the execution of the law, these are prepared so that the law can be carried forward.

If we take court proceedings and other matters in which documents are prepared to bring the law into motion, then will easily understand the importance of drafting in the legal domain. Several documents are prepared by the lawyer and much research is made before preparing a single document.

No law is made for conveyancing, therefore it becomes important to know the rules of interpretation if you had an idea of how your words and language will be interpreted you can make a better choice of selecting words and phrases in your document.

The basic reasoning behind the legal drafting formats is to make the document in a well-defined structure so that it makes the law operate in a way that the client’s ultimate purpose can be served.

Things to keep in mind while preparing the draft for your client-

• Understand the client’s needs
• Identify the issues which need to be addressed in the matter at hand.
• Research the law, on the issues
• Apply the findings of the research to address the issue
• Communicate the whole matter in simple language

The legal drafting format is prepared in the legal format in MS word by most of the drafters these days. The legal drafting format pdf are made available in the ready-to-use format on our online websites. Some websites offer some templates as free legal drafting formats with pdf.

Some websites in collaboration with a lawyer are preparing legal documents, making some of them as free legal drafting formats, one can make necessary changes to these documents.  

In the present article, we are illustrating the legal drafts collection of some of the legal documents that are quite frequently used. The purpose of these prepared and legal drafting formats documents is only to build the knowledge base among the common masses, these are made with the legal help club assistance of our website.  Notice some suggestions and let us know about them, in the comment section.

Plaints –

The plaints are legal drafting formats documents that are used for instituting the suit in the court of law. It is a very important document that is prepared by the lawyer in consultation with the client.

The civil suit is brought in the court by filling the plaints, hence is a very important legal draft that is prepared after getting into the facts and detailing of the matter.

Let’s know the content includes –

• The name of the court in which the suit is to be instituted.
• The name, description, and place of residence of the plaintiff in the petition.
• The name, description, and place of residence of the defendant in the petition.
• In the matter where the plaintiff and defendant are a minor person, of unsound mind, the statement must be made to that effect.
• Facts about the cause of action and details when they arise
• Facts showing that court has the jurisdiction
• Relief that plaintiff sought from the court of law.
• The statement of legal drafting formats describing the value of the subject matter or deciding the jurisdiction and court fee.
• At the end the plaint bears the signature and verification of the parties concerned.
• Here we are taking the instance of a plaint made under section 9 of the Hindu Marriage Act.

   In the Court of the District Judge at Delhi

                         Petition number ——-of 20—

Name of the petitioner                                                                           Petitioner

                                     Versus

 

Name of the respondent                                                   Respondent                       

Petition for Restitution of Conjugal Rights under Hindu Marriage Act 1955 Section 19

Petitioner most respectfully states as under-

• That petitioner and respondent were married lawfully as per the provision of Hindu law and rituals in place on DD/MM/YY.
• That petitioner cohabited with the defendant at his place of residence which is in the state of Haryana.
• That both live together under one proof for the period of 6 years.
• That out-of-wedlock daughter named ABC is born on DD/MM/YY and currently living with the petitioner’s mother.
• That Respondent had withdrawn himself from the society of the petitioner without reasonable cause.
• There is no legal proceeding going on between the couples in any court of law.
• That almost two years has been passed, since the respondent had withdrawn himself
• That there is no collusion between the parties, the petition is genuine and made within the territorial jurisdiction of ordinary and original jurisdiction of this court, hence this court has the jurisdiction to entertain the suit.

The petitioner had affixed the required court fee stamp on the petition for jurisdiction and court fee

Petitioner hereby prayers that

The Hon’ble court must enter the matter and direct the respondent to live with the petitioner and the petitioner restitution of her conjugal rights. The pray should be accepted by the learned court along with the cost.

The court prayed to grant the maintenance pendente lite to the plaintiff at a rate of —-Rs. XXXX

Place———

 

Date———-

                                                                                                   Signature of petitioner

Verification – I do hereby verify that all the content of the present petition is true to the best of my knowledge, and nothing has been concealed from the court.

 

Place——–

 

Date———                                                                                   

 

                                                                                                     Signature of petitioner

Affidavits

Affidavits are written declarations that are made on oath. These are the written statement sworn before the person who is entitled to provide an oath. The affidavits must be confined to the facts that the deponent can prove by himself.

Order 19 of the code of civil procedure deals with affidavits. It is note-taking that affidavits should be properly verified, furnishing of a false affidavit is punishable under sections 199 and 200 of the Indian Penal Code.

The legal drafting formats of the affidavits requires skills, one must follow the rules made by the High Court in this regard.

The general guidance in case of affidavits is –

• The identity of the person must be clear and fully described in the affidavit. It shall contain the full name of a person, the father’s name and his occupation or trade, and his complete address.
• Affidavits must be divided into paragraphs, and the facts made in each paragraph must be distinct.
• When the declarant is making a statement based on his knowledge, the words used in should be like “I solemnly affirm, or I make oath and says”
• The affidavits must be confined to material facts within the personal knowledge of the declarant.
• If the fact made on the document is based on the base of information received, then a statement to that effect must be made there.
• If any correction is to be made in the affidavit, it should be made before the person who made it
• Amendment in an affidavit is not permissible, but supplementary can be filed with the court leave.

Format of Affidavits

                                                  IN The Court of ——-At——-

                                                  In the matter of A verse B

                                                   Suit no ——–of 20—-

                                           Suit for recovery of Rs ——–

Affidavits on the behalf of the plaintiff state as-

I A daughter of ——aged 30 years , resident of ——————place , do hereby affirms that .

• That I had given Rs ——– to Mr. B in the form of debt on DD/MM/YY at the rate of 12% interest per annum.
• That now Mr. B has to pay me —–Rs with interest.

 

Place———

 

Date———-                                                            Signature of the deponent

 

Verification –

I the deponent of the statement do hereby declare that all the information mentioned is true to the best of my knowledge and nothing has been concealed therein.

 

Place——-                                                                              Signature of the deponent

 

Date———

Execution Petition

Execution is the enforcement of court orders, decrees, and other court processes. By the way of execution petition, the findings of the court are made available to the benefit of the party in whose favour it has been passed.

Every order or decree cannot be made the subject matter of enforceability; the test lies in final determination at the date when the decree or order is made.

Order 21, Rule 10 of the CPC lays down that where the holder of a decree desire to execute it, he shall apply to the court which passed the decree.

Format

In the Court of Civil Judge ——–At ——-

                                Civil suit no. ——of —20—

                                Name of Plaintiff verse Defendant

Sir,

I —————— the decree-holder do hereby apply for the execution of the decree.

• Number of suits –
• Name of Parties
• Date of decree
• Appeal if any
• Payment or Adjustment
• Previous application if any with date
• Amount with interest or other relief granted
• Coat if any awarded
• Name of the person against whom to be executed
• Mode in which assistance of court is required

I pray from the Hon’ble court that the total amount of Rs ———–together with interest at the rate % be executed.

 

Place ———

 

Date———–                                                                                    Signature

 

                                                                                      Decree holder

 

 

                                                                                      Through Counsel

Verification –

I hereby declare that content of the application for execution is true to the best of my knowledge.

 

Place———

 

Date ————                                                                             Signature –

Memorandum of Appeal –

The appeals are made by the appellate asking the court to set aside the decision given by the subordinate court. In cases made on appeal, the court to whom the appeal had been filed is urged to actively listen to the grievance of the person moving the petition.

The essential requirement is rehearing the matter on merit bases. Under the order XLI of the CPC, the expression appeal and memorandum of appeals are used. These are two expressions that are distinct in meaning. The appeal is the judicial examination whereas the memorandum of appeal contains the ground on which judicial examinations are invited.

Format

First Appeal before the District Judge In the Court of the District At ———

                                      Civil Appeal No ——-of 20—

                                     Under section 96 of the Civil Procedure Code

Name of the Plaintiff          verse            Name of the Defendant

Valuation of the suit in Rs——–

Valuation of the Appeal Rs———–

A court fee of Rs———–

To,

The appellant most respectfully submitting before the Hon’ble Court that Plaintiff is filling the appeal against the judgment of subordinate (name of the court, with the place ) dated DD/MM/YY passed in original suit no of —-year between MR. and MR. B. The present appeal has been filed on the following grounds –

• The trial court had erred in using its discretionary power as to the granting of pendite lite in the matter
• The appellant is entitled to the contractual rate of interest which the learned trial court disallowed erroneously.
• The plaintiff is entitled to the principal amount along with interest at the contractual rate.

Prayer

The plaintiff most respectfully prayed from the court to do set aside the judgment passed by the Subordinate Court. It is prayed from the court to allow the plaintiff the amount along with interest.

 

Place——-                                                                      Signature of appellant

 

 

Date——–                                                                      Signature Advocate

Bail Application

The term bail has been derived from the French word verb that is “bailer” which means to give or deliver. The word also relates to the Latin word “Bajulare” meaning there to bear a burden.

In English this means freeing someone or the liberty of the person who has been under arrest. There are two categories of offenses one are bailable and the other are nonbailable.

Formats

In the Court of Judicial Magistrate First Class At ——

Criminal Miscellaneous Application no ——of 20—

 In the matter of

State    verse   MR. XYZ

FIR No ——-

Dated ——–

Under Section 304 A of IPC

Police Station ———

Application for Bail under Section 436 of the Criminal Procedure Code

Sir,

The applicant humbly states  as under-

• That the applicant was arrested by the police officers of Police station ————on ——-and sent the accused for police remand in the case of ——offense.
• There was no prime facie evidence against the accused in the offense, there is nothing in the record that show at first instance that he is the primary accused in the case
• That the offense is bailable, and the applicant is entitled to furnish the bail

Prayer

It is therefore respectfully prayed from the Hon’ able court to kindly order the bail of the applicant in the case.

 

Place ——-                                                         Signature of Applicant

 

 

Date———–                                                      Signature of Counsel

In summing note we can say that there are a variety of legal formats of drafting, which are now day available in the form of templates to be used prepare and legal drafting formats documents are available on many websites in the form of free legal formats with pdf.  Our website Online xbrl is going to provide its legal drafts collection soon.

 

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